Law: Income Tax Act, 1922

Section: 2,2(11)(i)(a),3,4,68r10

Income-tax Act (XI of 1922)---S. 2 (11) (i) (a), proviso read with Ss. 3, 4, 6 8r 10-Change of "previous year" in consonance with change of financial year by Government-Concept of national income of a previous year by multiplying 3 months' income by 4-Not vouched by provisions of Act-Imposition of super-tax on basis of such concept as a condition precedent for permission to change of previous year--Meld, without legal sanction---Proviso to S. 2 (11) (i)(a) to be interpreted in harmony with other provision of Act arid not to nullify those provision-Interpretation of statutes. Ikram Bus Service v. Board of Revenue PLD 1963 SC 564; Kohinoor Textile Mills v. The Province of Punjab P L D 1972 SC 100 and The Guardian of the Poor of the West Derby Union v. The Metropolitan Life Assu­rance Society (1897) AC 647 ref. JUDGMENT MUHAMMAD AFZAL LONE, J. -The following question of law arising of the Tribunal's order dated 31-i2-1968 has been referred to its opinion, by the Tribunal, vide its order dated 21-7-1969 of the Income-tax Act: "Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in holding that despite proviso to section 2(11) (i) (a) the Income-tax Act the Income-tax Officer could not levy the tax on the total income of Rs. 4,083 at the rate applicable to 12 months, i.e. 4 x 4083 =16332)?" 2. The facts as disclosed in the "statement of the case" are that the respondent's accounting year ended on 31st March but under the Finance Ordinance, 1959, in consonance with the change of the Financial year from 31st March to 30th June, the definition of the previous year as embodied in section 2(11) of the Income-tax Act was amended and twelve months terminus date of 31st March was substituted for 30th June. It appears that the respondent wanted to alter his previous year to coincide with the closing period brought about by the Finance Ordinance, 1959, It also transpires from the record that for the assessment year 1959-60, in addition to a regular return covering the period from 1-4-1958 to 31-3-1959, the assessee filed a separate return- for the period from 1-4-1959 to 30-6-1959, declaring total income of Rs. 1,393. As is evident…

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